1. The defendant's KRW 50,000,000 and its amount shall be 5% per annum from May 1, 2020 to May 13, 2020 to the plaintiff.

Facts of recognition

A. The Plaintiff is a person who runs the printing manufacturing business, etc. with the trade name “D” in the Nam-si, Chungcheongnam-si, Chungcheongnam-do, and the Defendant is the representative of the Fund in charge of the settlement of disputes and the actual operator of the Fund in charge of the settlement of disputes.

B. The plaintiff supplied goods (a pre-sale) to the above company in the order of the LABF and the LABB, and the unpaid goods price was KRW 16,845,250, and the LABF were KRW 160,231,594 in total, KRW 177,076,844 in total.

C. On September 5, 2018, the Defendant promised to pay the Plaintiff the amount of the unpaid goods payment, concluded a mortgage agreement with the Defendant, with the maximum debt amount of KRW 50,00,000,00 with respect to H apartment and I owned by the Defendant, and with the Defendant and the Plaintiff as the mortgagee, and created a mortgage based on the above real estate.

The above contract to establish a mortgage states, “The creditor and the creditor, the debtor and the person who created the right to collateral security, the defendant and the person who created the right to collateral security shall set up the above right to collateral security with the secured co-owner all obligations arising from the issuance, endorsement, guarantee, and acceptance of all bills or commercial transactions or all obligations arising out of the bills or commercial transactions, as the sole or a joint and several obligations or the guarantor, which are currently borne or will be borne by the creditor within the scope of 50,00,000 won with the maximum debt amount.”

On April 23, 2020, the Plaintiff sent a content-certified mail demanding the Defendant to pay KRW 50,000,000, which is the maximum debt amount of the right to collateral security, by April 30, 2020.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is deemed to have concluded a mortgage-backed contract with the plaintiff to the effect that the plaintiff is jointly and severally liable for the total amount of KRW 50,000,000 out of the total amount of KRW 177,076,844, which is the total amount of the unpaid goods payment debt of the L/C and the L/C in the